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Khula Divorce

Q:

If a woman applies for Khula divorce, can the man keep conditions with regards to child custody and what other conditions are valid?

Is it true that once talaq is recited she can not return to the husband unless by nikah?

What are the rules to be followed for eddat by her?

A:

Sayed Sistani:
565. The custody, upbringing, and care of the child whether male or female for the first two hijri [lunar] years is the right of both parents equally. Therefore, it is not permissible for the father to separate the child from its mother during these two years.
When these two years come to an end, the right of custody is the father’s alone. However, based on precaution, it is recommended that the father should not separate the child from its mother until he or she reaches the age of seven.
 566. If the parents separate because of divorce before the child -whether male or female- reaches the age of two (by hijri account), the mother does not lose the right of custody of the child as long as she does not marry another man. Therefore, it is necessary for both parents to agree on exercising their common right in custody by alternating [the right] or by any other method on which both agree.
567. If the mother marries after separating from the father, she forfeits her right of custody, and the custody will be the exclusive right of the father.

 Yes,  once talaq is recited, she cannot return to her husband unless Nikah is recited again.

The rules of Iddat are the same as Iddat of normal divorce which is three menstrual cycles.

Kanize Zainab